What New York inspectors cite the most
The 15 licensing rules NY OCFS inspectors cite most often — in plain English, with what evidence inspectors look for. Free director's reference, from the official NY OCFS record.
Source: NY OCFS public inspection records · last reviewed 5/11/2026
#1 most cited
Group-family-day-care providers, staff, and volunteers who supervise children must complete Federal Health and Safety training within the required timeframes.
Evidence inspectors look for
- Each identified staff and volunteer completed Federal Health and Safety training within required timeframes
- Provider operating without completed Federal Health and Safety training
- Substitute provider lacking H&S training
#2 most cited
Day-care center staff and volunteers who supervise children must complete Federal Health and Safety training within the required timeframes.
Evidence inspectors look for
- Each identified staff and volunteer completed Federal Health and Safety training within required timeframes
- New hire allowed to start before clearance/training documentation complete
- Renewal training overdue
#3 most cited
Buildings, fire-protection systems, and egress must comply with NYS Fire and Building Code: clear fire lanes, working alarms, accessible hydrants, fire-resistant exit stairways.
Evidence inspectors look for
- Exit stairways enclosed with fire-resistant walls, doors and doorframes consistent with applicable codes
- Established fire lanes obstructed
- Sprinkler valves not labeled or accessible
#4 most cited
Operators must post the OCFS-issued Compliance History Document in a conspicuous place at the program where it is visible to parents and staff.
Evidence inspectors look for
- Posting of Compliance History Document not visible
- Compliance History Document not posted at all
- Outdated Compliance History Document still posted
#5 most cited
Group-family-day-care caregivers must meet OCFS qualifications including age, training, and demonstrated competency to supervise children.
Evidence inspectors look for
- Caregiver age or qualification documentation missing
- Caregiver lacks demonstrated competency for assigned role
- Required orientation not completed
#6 most cited
Group-family-day-care provider must arrange backup care/staffing and may not exceed group-size limits even briefly.
Evidence inspectors look for
- Backup caregiver not pre-arranged or unavailable
- Group size exceeded during transitions or staff breaks
- Provider absent without compliant substitute on site
#7 most cited
Group-family-day-care providers must keep a written record of all required training, with dates and topic areas, available for OCFS inspection.
Evidence inspectors look for
- Training record incomplete or not on file
- Training topic categories not documented
- Provider unable to produce training records at inspection
#8 most cited
Family-day-care providers must complete Federal Health and Safety training before becoming a provider, with renewal training within required timeframes.
Evidence inspectors look for
- Provider operating without completed Federal Health and Safety training
- Each identified staff and volunteer completed Federal Health and Safety training within required timeframes
- Renewal training overdue
#9 most cited
A second caregiver must be present when more than 6 children — none of whom are school age — are in care.
Evidence inspectors look for
- Two caregivers present when more than 6 children, none of whom are school age, are in care
- Single caregiver observed exceeding ratio
- Backup not on site during transitions
#10 most cited
Group-family-day-care providers must obtain at least 5 hours of OCFS-approved training each year covering the topics specified in 416.14(f).
Evidence inspectors look for
- A minimum of five hours of Office-approved training must be obtained each year which addresses topics or subject matters set forth in 416.14(f)
- Annual 5-hour training requirement not met
- Training topics outside the required 416.14(f) categories
#11 most cited
Group-family-day-care premises must comply with all OCFS facility-condition requirements — clean, safe, and free from hazards in child-use areas.
Evidence inspectors look for
- Facility-condition deficiency observed during inspection
- Premises not maintained in clean, safe condition
- Visible hazard in child-use area not corrected
#12 most cited
All medications, toxic substances, hazardous materials, and dangerous items must be kept in original labeled containers, stored safely, and used so no hazard is created.
Evidence inspectors look for
- All medications, toxic substances, etc in original containers, used and stored so no hazard created
- Toxic items in unlocked cabinet accessible to children
- Cleaning supplies stored within child reach
#13 most cited
Family-day-care premises must meet NYS Building and Fire Code: accessible exits, working egress, sprinkler-system compliance.
Evidence inspectors look for
- Exit stairways enclosed with fire-resistant walls, doors and doorframes consistent with applicable codes
- Established fire lanes obstructed
- Sprinkler valves not labeled or accessible
#14 most cited
Group-family-day-care provider must have a primary caregiver present at all times when children are in care.
Evidence inspectors look for
- Primary caregiver not on site during inspection
- Care delivered without primary caregiver present
- Substitute caregiver did not meet OCFS pre-qualification
#15 most cited
Only OCFS-approved caregivers and staff may have unsupervised contact with day-care children. All others must be supervised by an approved caregiver.
Evidence inspectors look for
- Only approved caregivers have unsupervised contact with the day care children
- Unapproved person had unsupervised contact with children
- Volunteer present without OCFS approval
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